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Bbbl2043 Corporate Law

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KOLEJ UNIVERSITI TUNKU ABDUL RAHMAN
FACULTY OF ACCOUNTANCY, FINANCE AND BUSINESS
ACADEMIC YEAR 2014 / 2015

BBBL2043 CORPORATE LAW
COURSEWORK: ASSIGNMENT

Method: GROUP ASSIGNMENT Marks: 50 marks

Students are required to read and comply with the following rules and regulations before commencing work on the coursework assignment. Non – compliance of the said rules and regulations MAY LEAD TO DEDUCTION OF MARKS OR POSSIBLY REJECTION OF THE ASSIGNMENT PAPER.

A. GENERAL INSTRUCTIONS TO STUDENTS:

1. Group composition: a. This Coursework is to be done on a group basis. b. Each group will comprise of a minimum of 6 and maximum 8 students.

2. Group member evaluation a. Each group member is required to complete a group/peer evaluation form – appendix C - based on his/her true and fair opinion with regards to the contributions and involvement of each of his/her group members in this assignment.

b. The completed evaluation form MUST be submitted and ATTACHED together with the assignment directly to the tutor during tutorials. Failure to submit the group member evaluation form will result in a zero (0) being recorded against your name.

3. Plagiarism/collusion: a. Plagiarism occurs when a person copies or reproduces another person’s words and ideas and presents them as his or her own without proper acknowledgement. Thus plagiarism can take the form of reproduction without acknowledgement from published or unpublished works of others including materials downloaded from computer files and the Internet.

b. Students work submitted for assessment is accepted on the understanding that it is the students’ own effort without falsification of any kind. Cheating or plagiarism will not be tolerated. Any student found to plagiarise or cheat in any part of their assignment will cause their assignment to be rejected and further be subject to appropriate punishment.

c. Acknowledgement to the source must be made if students had relied on any sources for information with appropriate reference being made in their work and in accordance with Harvard referencing. References from the internet e.g. Wikipedia and blogs are prohibited.

B. FORMAT OF COURSEWORK

1. Each coursework must include and be compiled as per the sequence stated below: a. Cover page:- Appendix A b. Plagiarism Statement – Appendix B c. Content d. Bibliography / Reference e. Peer Evaluation Form – Appendix C f. Marking Scheme - Appendix D g. Assignment question – Appendix E

2. Peer Evaluation Form – Appendix C This form is to be submitted together with the assignment to the respective Tutor during Tutorial in week 10.

3. The written paper must comply with the following: Paper : A4 Font type : Arial/ Times New Roman Font size : 12 Paragraph line spacing : 1.5

4. Word limit: No word limit but irrelevant materials added in could cause marks to be deducted. Marks deducted could range between 1 to 10 marks depending on the extent of irrelevant materials added in and subject to the discretion of the examiner.

C. ASSESSMENT CRITERIA
1. This Coursework: Group assignment will contribute 50% out of the total 40% allocated for Coursework.
2. Assessment will be made on the basis of a written assignment alone. You are NOT required to present your paper.
3. Written coursework will be assessed as shown in Appendix D as follows: a. Students’ ability to: i. Critically analyse and evaluate the question. ii. Knowledge of concepts and principles of law. iii. Application of knowledge in a clear, concise and convincing manner. iv. The manner of conclusion. b. Clarity of language and grammar. c. Format/style/layout.

D. SUBMISSION DEADLINE a. Questions for coursework 1 would be up-loaded in week 8. b. The written assignment must be submitted on Week 10 to your tutor during Tutorial. Failure to comply with the deadline would cause the assignment to be rejected. c. Marked assignments will be returned by week 13.

APPENDIX A: COVER PAGE

KOLEJ UNIVERSITI TUNKU ABDUL RAHMAN

FACULTY OF ACCOUNTANCY, FINANCE AND BUSINESS

ACADEMIC YEAR 2014/2015

BBBL 2043 CORPORATE LAW

COURSEWORK: Group Assignment

(TUTORIAL GROUP No: _______________________)

TUTOR: ____________________________________________

|No. |Group Members Name |Student ID No. |
| | | |
| | | |
| | | |
| | | |
| | | |

SUBMISSION DATE : _____________________________

APPENDIX B: PLAGIARISM STATEMENT

KOLEJ UNIVERSITI TUNKU ABDUL RAHMAN

FACULTY OF ACCOUNTANCY, FINANCE AND BUSINESS

BBBL 2043 CORPORATE LAW

COURSEWORK: Group Assignment

Plagiarism Statement

We confirm that the submitted work are all our own work and are in our own words.

Name (Block Capitals) Regn. No. Signature

1. ……………………………… …………………………… ……...……………

2. ……………………………… …………………………… ……...……………

3. ……………………………… …………………………… ……...……………

4. ……………………………… …………………………… ……...……………

5. ……………………………… …………………………… ……...……………

TUTORIAL GROUP ________ DATE: ________________

APPENDIX C: EACH MEMBER’S CONTRIBUTION TO THIS ASSIGNMENT:

1st MEMBER’S CONTRIBUTION TO THIS ASSIGNMENT

My contribution to this assignment is in the following area / part:

------------------------------------------------------------------------------------------------------------

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Total number of group meetings held for this assignment: ________

Number of group meetings I attended and participated: __________

Name: __________________________ signature ________________________

Group members’ evaluation to this member’s contribution:

We  agree /  disagree (please tick [√]) to this member’s declaration above.
If any member disagrees, please give your reason or reasons below:

------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

Confirmed by the remaining members of the group:
| | |
|Name: |Signature |
| | |
| | |
| | |
| | |

*Please read all instructions above.

2nd MEMBER’S CONTRIBUTION TO THIS ASSIGNMENT

My contribution to this assignment is in the following area/part:

------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

Total number of group meetings held for this assignment: ________

Number of group meetings I attended and participated: __________

Name: __________________________ signature ________________________

Group members’ evaluation to this member’s contribution:

We  agree /  disagree to this member’s declaration above.
If any member disagrees, please give your reason or reasons below:

------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

Confirmed by the remaining members of the group:
| | |
|Name: |Signature |
| | |
| | |
| | |
| | |

*Please read all instructions above.

3rd MEMBER’S CONTRIBUTION TO THIS ASSIGNMENT

My contribution to this assignment is in the following area/part:

------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

Total number of group meetings held for this assignment: ________

Number of group meetings I attended and participated: __________

Name: __________________________ signature ________________________

Group members’ evaluation to this member’s contribution:

We  agree /  disagree to this member’s declaration above.
If any member disagrees, please give your reason or reasons below:

------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

Confirmed by the remaining members of the group:
| | |
|Name: |Signature |
| | |
| | |
| | |
| | |

*Please read all instructions above.

4th MEMBER’S CONTRIBUTION TO THIS ASSIGNMENT

My contribution to this assignment is in the following area/part:

------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

Total number of group meetings held for this assignment: ________

Number of group meetings I attended and participated: __________

Name: __________________________ signature ________________________

Group members’ evaluation to this member’s contribution:

We  agree /  disagree to this member’s declaration above.
If any member disagrees, please give your reason or reasons below:

------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

Confirmed by the remaining members of the group:
| | |
|Name: |Signature |
| | |
| | |
| | |
| | |

*Please read all instructions above.

5th MEMBER’S CONTRIBUTION TO THIS ASSIGNMENT

My contribution to this assignment is in the following area/part:

------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

Total number of group meetings held for this assignment: ________

Number of group meetings I attended and participated: __________

Name: __________________________ signature ________________________

Group members’ evaluation to this member’s contribution:

We  agree /  disagree to this member’s declaration above.
If any member disagrees, please give your reason or reasons below:

------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

Confirmed by the remaining members of the group:
| | |
|Name: |Signature |
| | |
| | |
| | |
| | |

*Please read all instructions above.

APPENDIX D: MARKING SCHEME & TUTOR’S REMARKS

|Criteria |Max Marks |Marks |
|Ability to critically analyse and evaluate the |10 | |
|issues | | |
|Manner of conclusion |3 | |
|Originality/Creativity |3 | |
|(of examples, explanation etc.) | | |
|Language clarity |2 | |
|Format/Style |2 | |
|Assignment marks |30 | |
|Total |50 | |

TUTOR’S NAME:

TUTOR’S REMARK: _________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

____________________________________________________________________________

___________________________________________________________________________

APPENDIX E: COURSEWORK ASSIGNMENT QUESTION

INSTRUCTIONS: ANSWER ALL THE QUESTIONS BELOW

Macron Bhd., distributors of electric cables, was incorporated on 20th November 2011 and only obtained its certificate to commence business on 3rd January 2012. Simon, Bradshaw and Rudy were its first directors. Prior to obtaining the certificate of incorporation, Bradshaw and Rudy had requested Simon to prepare for the incorporation of the company whilst they provide the finances as they were busy with their full time jobs respectively.

In September 2011, Simon entered into a contract on behalf of the company with Gandalf for a five-year lease of a two storey shop lot which was used as the principal place of business by the three directors. The company officially moved into the office on 4th January 2012.

i) Simon prepared the necessary documents and had the company incorporated but was worried that he would be solely liable if things go wrong. In order to reassure Simon, explain the responsibilities of Bradshaw and Rudy in terms of liability. (5 marks) ii) The Board of Directors decided to pay for the rental of the office from 4th January 2012 only. Provide Gandalf with an illustration of how he would be able to claim for the rental from September 2011. (10 marks)

Question 2

One area of company law where the principles of common law have been modified is the area concerning ultra vires transactions

Appraise the law regarding how section 20 of the Companies Act 1965 has modified the application of the ultra vires principle in Malaysia.

In your answer, state the consequences, if any, of transactions that are deemed to be ultra vires. In particular, explain how section 20 of the Companies Act 1965 is able to ensure that both the rights and liabilities, if any, of the company, the members of the company, the officers of the company on the one hand and of third parties on the other, are protected in a situation where the transaction has been found to be ultra vires. (15 marks) (Sub-total: 15 + 15 = 30 marks) (Total: 30 + 20 = 50 marks)

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